By Michael V. Cusenza
State Sen. Joe Addabbo, Jr. (D-Woodhaven) has introduced legislation “aimed at enhancing transparency, oversight, and community involvement in the siting process” of battery energy storage systems (BESS).
The bill seeks to establish stronger regulatory guidelines concerning the placement of BESS infrastructure in residential and environmentally sensitive areas.
The lawmaker’s move comes as communities vociferously oppose the proposed construction of lithium-ion battery storage facilities in their neighborhoods. Earlier this month, City Councilmembers Bob Holden (D-Maspeth) and Joann Ariola (R-Ozone Park) led a large rally in Middle Village that slammed NineDot Energy’s plans to build such a facility at 64-30 69th Pl.—directly across from IS 128, and next to a daycare, animal hospital, and kids’ fun house.
“The outer boroughs are fed up with reckless policies cooked up in ivory towers. Forcing toxic battery storage sites—these mini Chernobyls—into residential neighborhoods without real input or safeguards is unacceptable,” Holden said over the weekend. “Our safety isn’t negotiable—and we won’t stand for this.”
In 2023, micro-mobility device fires caused 17 deaths and over 100 injuries across the five boroughs. Through FDNY safety messaging, inspections, community outreach, and a targeted $1 million ad campaign, the number of deaths caused by these devices in 2024 fell to six.
Photo Courtesy of Sen. Addabbo
“I support our transition to a greener energy future, but it must be done responsibly and with the safety of our neighborhoods in mind,” Sen. Addabbo said.
The legislation seeks to increase transparency from developers, Addabbo noted, including early notification to local officials and residents, comprehensive safety reviews, and strict adherence to fire and building codes. It also promotes collaboration with fire departments and emergency services to ensure preparedness during a battery storage incident.
Specifically, the bill requires the Department of Public Service, in coordination with other State agencies, to provide municipalities with battery storage siting laws and guidance, which includes a minimum 250-foot setback and financial surety requirements. Additionally, the City Fire Code would be amended to mandate the minimum setback of 250 feet from residential property for commercial battery storage systems of 5 MW or greater and a community hearing before approval of such projects.
Addabbo’s bill is under consideration in the Senate Energy and Telecommunications Committee and the Assembly Energy Committee, where Assemblywoman Jaime Williams (D-Brooklyn) is the prime sponsor.
